Keshar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52990 of 2016 Arising Out of PS.Case No. -6 Year- 2015 Thana -MAIGRA District- GAYA ====================================================== Keshar Yadav, S/o Kail Yadav, Resident of Village- Chandariya, Police Station- Maigra, District- Gaya.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 04.09.2016 in connection with Maigra P.S. Case No. 06/15, registered for the offences punishable under Section 307 and other allied Sections of the Indian Penal Code.

The prosecution case is that petitioner along with other co-accused variously armed with lathi, danda and tangi came to the house of the informant and petitioner is alleged to have assaulted one Nanhu Yadav with tangi. The cause of occurrence was land dispute.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and there

Patna High Court Cr.Misc. No.52990 of 2016 (2) dt.20-12-2016 2/2 was land dispute between the parties, for which a counter-case bearing Maigra P.S. Case No. 07/15 has been filed by the petitioner's side regarding the same occurrence on the same day. He submits that the injury has been caused on both sides and the injury alleged to have caused by the petitioner on the informant side has been found to be simple in nature. It is further submitted that both parties have filed a joint compromise petition before the learned court below.

However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, considering the facts and circumstances and submissions of the parties, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Gorakh Nath Dubey, the learned Judicial Magistrate 1st Class, Sherghati, Gaya, in connection with Maigra P.S. Case No. 06/15.

(Nilu Agrawal, J.) Rajesh/- U T